Home Case Index All Cases VAT and Sales Tax VAT and Sales Tax + HC VAT and Sales Tax - 2016 (7) TMI HC This
Forgot password New User/ Regiser ⇒ Register to get Live Demo
2016 (7) TMI 773 - GUJARAT HIGH COURTLevy of interest u/s 47(4A) of Gujarat sales tax - Levy of penalty u/s 45(6) - the dealer at the time of filing of the sales tax return had not deposited the entire amount payable thereunder - but the amount was paid before the sales tax assessment - Held that:- In the present case, since the dealer had already paid the entire amount prior to the date of the assessment order, the dealer was liable to pay interest on the differential amount till the date such amount was actually paid and not till the date of assessment order, as is sought to be contended by the learned Assistant Government Pleader on behalf of the appellant. Regarding penalty - Held that:- Tribunal upon appreciation of the material on record has found the explanation tendered by the dealer to be acceptable, namely, that the dealer was under a bonafide belief that the turnover tax was not required to be paid and was required to be deferred, which has resulted in the difference of tax assessed and tax paid. It is in these circumstances that the Tribunal has exercised discretion and reduced the penalty to 10%. In the light of the fact that the order passed by the Tribunal is merely a discretionary order, in the opinion of this court, the same would not give rise to any question of law warranting interference. - Decided against the revenue.
|